Self Defense LawCastle Doctrine and Stand Your Ground Laws

Do you know your state's self defense law(s)?

What do you do when you’re sitting at home, relaxing from a long day’s work, and suddenly someone is breaking into your house? Do you have time to call the cops? Do you know how to defend yourself? Are you even supposed to defend yourself?

Don’t worry, chances are your state allows you to defend
yourself in your own home. Over half of the states have passed Castle Laws.
Some have even passed a law stating that you can defend yourself in a public
area given that you don’t have a duty to retreat. These are known as Stand Your
Ground Laws.

Your Duty to Retreat

Here’s the thing…your ego can put you in jail. Don’t be
stupid; if someone is looking for assault and battery charges to go on their
record because you looked at their girlfriend wrong, they’re not worth it.
Stroke their ego, and try to avoid the fight by either defusing the situation
or walking away.

This is your duty to retreat, and something often times overlooked. If it can be proved in
court that you did everything you could to avoid confrontation, but still ended
up having to defend yourself, then you’re within the boundaries of your state's self defense law.

If you decide that this
punk isn’t going to get the better of you…well, he probably will whether you
win the “fight” or not, because chances are you’re spending the night in jail.
That’s right; there’s a difference between fighting and self-defense. If you do
nothing to try to avoid the conflict, it is no longer considered a self-defense
scenario. It’s simply a fight.

Stand Your Ground Laws

Some states don’t enforce the duty to retreat in all cases. If
a state law dictates that you do not have a duty to retreat, then you can match
force with force (even deadly force with deadly force) when assaulted in a place
you have the right to be. This is especially true for your home, vehicle, or
place of work.

There is much controversy surrounding Stand Your Ground
Laws, especially in Florida. Many officials claim the law is confusing. Even
more troublesome is the statistic that cases of self defense have tripled,
because people can claim they felt their life was threatened. Were these
justified homicides truly in the name of self defense?

Standing Your Ground vs. Defending Your Castle

So what’s the difference? There’s not much. Just to clear it
up, if your state has a Stand Your Ground Law then you do not have a duty to
retreat if assaulted in any place you have the right to be, including public
areas. If your state only has a Castle Law, then this only applies when you’re
in your home (or in some states, your vehicle). If your state has neither of
these laws in place, then you have a duty to retreat, and can only defend
yourself if retreating is futile to your safety or if the act of retreating
somehow put your life in danger.

It’s important that you know your state's self defense law and your rights so that you can
avoid jail time by abiding them, but it’s even more important to know these
laws and how others can misuse them.

Here is a quick "self defense law" guide/reference to which states currently
recognize a Stand Your Ground Law, Castle Law, or have no Castle Law.

States with Stand Your Ground Laws

Alabama

Arizona

Florida

Georgia

Indiana

Kentucky

Louisiana

Michigan

Montana

New Hampshire

Oklahoma (Make My Day Law; home and businesses)

Pennsylvania

Tennessee

Texas

Utah

Washington

States with Castle Laws

Alaska

California

Colorado

Connecticut

Hawaii

Illinois

Kansas

Maine

Massachusetts

Minnesota

Mississippi

Missouri

Nevada

New Jersey

North Carolina

North Dakota

Ohio

Oregon

Pennsylvania

Rhode Island

South Carolina

Utah

West Virginia

Wisconsin

Wyoming

States with No Clear Castle Doctrine

Idaho

South Dakota

Nebraska

Vermont

Washington D.C.

New York

None of the above information should be taken as legal
guidance. If you are in need of legal guidance, please refer to your state’s
legislature on specific issues of self defense rights or consult a lawyer.